According to the said Act the state can enter seize suspected proceeds of crime from a suspect of such a such a crime in exchange for freedom from prosecution.
In the case Musonda, whose other names are Margrate, Chisela will not be prosecuted after admitting to corrupt and criminal doing through which the cash that has been seized was occurred.
President Hakainde Hichilema said on Saturday during the remembarence event for the late UPND founder, Anderson Mazoka that government would announce it’s first stolen asset recovery.
PRESS RELEASE STATE TAKES POSSESSION OF K65 MILLION, US$57, 900, PROPERTY FROM MARGARET CHISELA MUSONDA (ALIAS FAITH MUSONDA)
The general public is hereby informed that the Joint Investigative Team from the Anti-Corruption Commission,
Zambia Police Service, Drug Enforcement Commission and Financial Intelligence Centre has since
concluded investigations involving Margaret Chisela Musonda, alias Faith Musonda in which she was found
in possession of ZMW 65, 333, 046 and US$ 57, 900 which was discovered in a house in New Kasama.
The general public is further informed that, on Friday 15th October 2021, the State, using Section 80 of the
Anti-Corruption Act No.3 of 2012, entered into an undertaking not to institute criminal proceedings against
Ms. Musonda on condition that she fulfils the requirements of Section 80 of the Anti-Corruption Act No3. Of
2012, which she did.
Section 80 of the Act allows the State to grant amnesty to accused persons in certain instances on condition
that they admit wrongdoing and return what they wrongfully acquired through corrupt practices. The advantage of using Section 80 in cases of asset recovery is that it saves on time by eliminating the prosecution process which can be lengthy, leading to assets losing value or getting damaged, and it also saves on the cost of investigation and prosecution.
According to Section 80 (3) of the Anti-Corruption Act No.3 of 2012, The Anti-Corruption Commission “may tender an undertaking, in writing, not to institute criminal proceedings against a person who
(a) has given a full and true disclosure of all material facts relating to past corrupt conduct and an illegal
activity by that person or others; and,
(b) has voluntarily paid, deposited or refunded all property the person acquired through corruption or illegal
activity.”
As required by law, Ms. Musonda has since made a full disclosure of the monies in question and has willingly
surrendered the same to the State. She was charged with Possession of Property Reasonably Suspected to
be Proceeds of Crime contrary to Section 71 of the Forfeiture of Proceeds of Crimes Act No.19 of 2010.
The State has also taken possession of the House in New Kasama, in which the money was found. The House, property Subdivision No.4 of Subdivision B of Lot 11279/M, valued at K 6 Million was owned by OCK
Investments Limited, a company in which Ms. Musonda is a majority shareholder. The property was reasonably suspected to have been proceeds of crime.
After fulfilling the requirements of Section 80 of the Anti-Corruption Act No. 3 of 2012, the State undertook to
not institute criminal proceedings against the company. Ms. Musonda has since made a full disclosure of
OCK Limited’s property and willingly handed it over to the State.
The Joint Investigative Team is working timely to recover suspected illegally obtained assets and funds, and
will continue to pursue all available avenues to speed up the process of recovering assets and other proceeds
of crime.
We urge all well-meaning Zambians who have any information with regard to any suspected illegally obtained
assets to come forward and report to any of the institutions aforementioned.
JONATHAN SECHE SIAME
ANTI-CORRUPTION COMMISSION PUBLIC RELATIONS OFFICE
